Top 10 Things You Need to Know When You Use the eFiling ......The Top 10 Things You Need to Know...

The Top 10 ThingsYou Need to Know When You Use

the eFiling System

October 2017

Legal Counsel Division | State Court Administrator’s Office

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Why this should matter to you

• Rule violations can result in:• Sanctions• Losing your case• Losing the right to appeal• Client privacy violations

• Ethical issues:• Competence• Duty to supervise staff

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Sanctions?

• Award of $999.00 in attorney’s fees after attorneydidn’t respond to e served interrogatories

First American Title Ins. Co. v. Nat’l Title Res. Corp.,No. A15 0664 (Minn. Ct. App. Feb. 1, 2016)

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The Top 10 Things You Need to Know When You Use the eFiling System

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Loss of Appeal?

• By using e mail instead of e service, attorneyforfeited client’s right to appeal termination ofparental rights

In re Welfare of the Children of: A.S. and D.A.S.,Sr., Parents, No. A16 1725 (Minn. Ct. App. Nov.22, 2016)

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#1: Read the Rules

• General Rule of Practice 11 was amended in 2015• Filers are responsible for screening out restrictedidentifiers

• Filings may be stricken for non compliance:• Loss of the filing date• Potential for additional sanctions by thejudge

Gen. R. Prac. 11.02, 11.04

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#1: Read the Rules

• General Rule of Practice 14 was rewritten in 2015:• Sets out new requirements for e filers

• Rules of Public Access to Records of the JudicialBranch

• Dictate which court documents are and are notpublic

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#1: Read the Rules

• Non compliance with the e filing rules may createethical issues for attorneys:

• Attorneys have an ethical duty to know andfollow the rules

• Attorneys are responsible for ensuringadministrative staff who handle e filing act incompliance with the rules

• eFS audit logs have been disclosed to OLPR

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#2: Public Can Be Everywhere

• Assume the world will see everything you file withthe court

• Many confidentiality laws do not apply to courtrecords

• You need a legal basis to make filings confidential

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Can’t Make Confidential ByAgreement

• The late artist Prince was divorced in 2007• Records were sealed by stipulated order, and theparties relied on confidentiality during thenegotiations

• In 2016, the Star Tribune petitioned for access tothe court records

• Over the objection of the surviving ex spouse, therecords were made public

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#2: Public Can Be Everywhere

• Public Access Rule 4 lists non public case records• Judges can issue protective orders limiting access tootherwise public case records in individual cases

• However, the judge must “make findings that arerequired by law, court rule, or case law precedent”

Public Access Rule 4, subd. 2

• Required findings vary based on the case type andthe document type

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#3: Separate Non Public fromPublic

• You control what you file, not court staff• You are responsible for separating non publicinformation from public filings

Gen. R. Prac. 11.02, 14.06

• Follow the Supreme Court’s Rules of Public Access

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• Restricted identifiers:• Social Security Numbers• Employer Identification Numbers• Financial Account Numbers

• Remember to use Forms 11.1 and 11.2• Form 11.1 is ONLY for restricted identifiers• Form 11.2 is ONLY for financial sourcedocuments

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• “Con den al” “Sealed”• You must designate as “Public”,“Confidential” or “Sealed” when you eFile:

• Unless specific rule authorizes confidentialfiling, need an order

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• You need to separate confidentialattachments/exhibits from public documents

• For example:• Medical reports are generally confidential• Custody evaluations are generally confidential

• Need to be separated from publicattachments/exhibits and pleadings

• Court staff are not responsible for doing this foryou

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• Remember to separate public and non publicdocuments

• Prepare your documents as separate PDFs, andsubmit them in the same “envelope” when youeFile

• In general, you can quote from non publicdocuments in public court filingsPublic Access Rule 4, subd. 4

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What could go wrong?

“The days of attorneys being able toignore the computer and shift blame tosupport staff in the event of an error aregone. The consequences are simply tooserious. … It is the responsibility ofcounsel to ensure that personalidentifiers are properly redacted.”(emphasis in original)

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• Unnecessary personal information in court filingscould embarrass your clients

• In a paper world, “practical obscurity” meant manycourt records were effectively private

• This is no longer the case in an electronic world,where on demand access is the norm

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#4: Document SecurityClassification

• The courts use a system of document securityclassifications to ensure appropriate access

• Remember to designate “Public”, “Confidential” or“Sealed” each time you file

• This is your role, as the filer, in ensuringappropriate access to your filings

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#5: Use Precise Filing Codes

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#5: Use Precise Filing Codes

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#6: Correct Filing Fees

• The eFS System makes fees available based on yourselection of filing codes

• Filings are rejected if correct fees aren’t paid• Use a fee waiver account if your client has beengranted a fee waiver

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#7: Allow Time for Processing

• Although you can file right up to the deadline:• Staff need to process your filings• The judge needs some time to review them

• The judge will not have your filings instantaneously

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#8: Protect & Perfect Your Appeal

• Minnesota’s appellate courts use a separate e filingsystem, E MACS

• Separate registration is required, and includes aquiz

• Mandatory e filing for all attorneys since July 1,2016Supreme Court orders dated January 27, 2016 and June30, 2016, ADM09 8006

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June 13, 2017: Appeal dismissed for lack ofjurisdiction because attorney attempted to fileappeal by mail; no PFR filedJuly 18, 2017: Appeal dismissed for lack ofjurisdiction because attorney attempted to file bymail; PFR denied September 19, 2017August 29, 2017: Appeal nearly dismissed becauseattorney attempted to file by mail; appeal saved dueto procedural irregularity

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#9: Stay Current on FilingRequirements

• Mandatory formatting requirements inMinnesotaDistrict Court Registered User Guide for ElectronicFiling

Gen. R. Prac. 14.03(g)

• eFS training materials and best practices guidesavailable at www.mncourts.gov/efile

• E MACS information available atemacs.courts.state.mn.us under “E Filing FAQs”and “E Filing Help”

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#10: Create PleadingsElectronically

• Registered User Guide formatting requirementsinclude:

• “Filers should not print documents on paper andscan them before filing them.”

• OCR is prohibited, because it can cause thedocuments to be rejected (loss of filing date)

• Print on paper and scan only when “it is notpossible to convert an electronic documentdirectly to PDF format.”

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#10: Create PleadingsElectronically

• Scanned documents:• Have much larger file sizes• Are harder to read• Are harder for judges to copy information from

• It is not necessary to sign by handGen. R. Prac. 14.04

• It is not necessary to notarizeGen. R. Prac. 15; Minn. Stat. § 358.116

• Consecutive pagination is helpful and is requiredGen. R. Prac. 16

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#11 (BONUS): Sign up for eService

• In eFS, you still must choose each case on whichyou want to be a service contact

• Registering for an eFS account is not the same assigning yourself up as a service contact

• No signing up other parties• In EMACS, by registering for an EMACS account youare agreeing to be served in future cases:

• No need to add yourself as a service contact

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Questions?

• eFS Support Center• 651 227 2002 or 1 855 291 8246

• Resources for district courts:www.mncourts.gov/efile

• Resources for appellate courts:emacs.courts.state.mn.us

• Appendix provided at this CLE

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Note: e-service records only transmit to MNCIS when filers eFile and eServe simultaneously. Filers who eServe without simultaneously eFiling will need to file affidavits of service.


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In re the Marriage of Manuela Nelson and Prince Rogers Nelson


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A financial account numbers summary sheet is posted online at mncourts.gov/efile and is at theend of this appendix.

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Allstate Ins. Co. v. Linea Latina De Accidentes, Inc.

Carpenters’ Dist. Council of Greater St. Louis and Vicinity v. Neier Servs. Co., Inc.


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Additional information about filing fees is available at www.mncourts.gov/fees.

Lakour v. Roof Tech, Inc.

Bradley v. Karma Entertainment LLC

Bandemer v. Ford Motor Company,

Minnesota District CourtRegistered User Guide for Electronic Filing Guide

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/s/ Pat L. Smith


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Updated 5/31/17

and

Updated 5/31/17

Top 10 Things You Need to Know When You Use the eFiling ......The Top 10 Things You Need to Know...

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